PDV Sweeny, Inc. et al v. ConocoPhillips Company et al
| PDV Sweeny, Inc. and PDV Texas, Inc. |
| ConocoPhillips Company and Sweeny Coker Investor Sub, LLC |
| 1:2014cv05183 |
| July 11, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Arbitration |
| 09 U.S.C. ยง 1 |
| None |
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Filing
40
MEMORANDUM & ORDER granting 33 Motion to Correct Judgment re: 32 Clerk's Judgment. For the reasons that follow, Respondents' motion is GRANTED. In conclusion, Respondents' motion to correct the Judgment is GRANTED. The correc ted Judgment will reflect that the Comi confirmed both the Partial and Final Awards. The corrected Judgment will also reflect that, subject to the conditions specified in the Awards, Respondents are entitled to: 1. Seller Damages of $5,06 4,038; 2. Pre-award interest on the Seller Damages at a rate of 4.875 percent, as calculated under Section 2.8(d) of the COSA, from the date the Seller Damages became due until the date of the Partial Award (April 14, 2014), for a total of $1 ,186,775.31. 3. Post-award interest on the Seller Damages at the rate of 4.875 percent, as calculated under Section 2.8(d) of the COSA, from April 14, 2014, until September 1, 2015. 4. Legal costs of $3,709,069.80; 5. Post-award interest on the legal costs at a rate of nine percent, starting 30 days after notification of the Final Award until September 1, 2015, for a total of $312,781.28; and 6. Post-judgment interest on the Seller Damages and legal costs at the federal statutory rate specified in 28 U.S.C. § 1961, beginning September 1, 2015. This resolves Docket No. 33. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 12/21/2015) (tro)
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Filing
31
MEMORANDUM AND ORDER. The Petitioners' petition to vacate is DENIED, while the Respondents' cross-petition to confirm, recognize, and enforce the award is GRANTED. This resolves Dkt. No. 23. The Clerk of Court is instructed to terminate the case. Granting 23 Motion to Confirm Arbitration (Notice of Cross-Petition to confirm, recognize and enforce the arbitration Award). Document filed by ConocoPhillips Company, Sweeny Coker Investor Sub, LLC. (Signed by Judge Alison J. Nathan on 9/1/2015) (rjm)
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Filing
22
ORDER: For the foregoing reasons, Respondents' request is granted with respect to Exhibits 3, 4, and 5 of the Pizzurro Declaration, and with respect to the above-described portions of Exhibit 1 to the Pizzurro Declaration. The request is denie d with respect to the remaining documents. The Court reiterates that it may revisit this decision following resolution of the petitions or upon request. The Clerk is directed to strike Exhibits 1, 3, and 4, and 5 attached to the Pizzurro Declarati on, ECF No. 4. Petitioners are directed to ECF file a redacted version of Exhibit 1 to the Pizzurro Declaration, in accordance with this order. The Court will seal unredacted versions of these documents. Respondents are directed to ECF file their opposition brief and supporting documents, including Exhibits A through G to the Prevatt Declaration. (Signed by Judge Alison J. Nathan on 10/6/2014) (lmb)
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